SAN MARCOS: Council to hear Jumping Turtle's appeal of permit revocation

This morning's hearing is part of ongoing dispute between the business and the city

The owners of The Jumping Turtle Restaurant and Grill will get a
chance Tuesday to convince the City Council that the business
should keep its entertainment permit.

The council will listen to arguments during a special meeting
set for 9 a.m. at City Hall, 1 Civic Center Drive.

The session is the latest development in a yearlong and
increasingly tense dispute between The Jumping Turtle and the city.
At issue is whether the 7-year-old business ---- known as a
showcase for young bands ---- is violating city codes and its
permit conditions.

The Jumping Turtle needs the entertainment permit to resume live
performances.

Council meetings typically are held at 6 p.m. Tuesdays. However,
this week's regular meeting was canceled and replaced by the
special meeting.

Jumping Turtle owner Matt Hall questioned the time change in an
e-mail he sent to the North County Times last week, saying he and
business partner Laura Mouradian wanted the meeting held at
night.

Jumping Turtle attorney Everett DeLano said Monday that he
suspected the change was aimed at keeping supporters of the
business who have to work from attending the session.

City Attorney Helen Holmes Peak said holding the meeting during
the day made sense for two reasons.

"First of all, we thought it might possibly be a lengthy
hearing," she said. "And you want to have more time, rather than a
fairly truncated amount of time."

The change was also made to accommodate the schedule of the
council, which had already made other plans after being told the
regular meeting would be canceled, Holmes Peak said.

City officials notified Hall and Mouradian in November that San
Marcos was revoking The Jumping Turtle's entertainment permit
because the business allegedly violated permit conditions and city
codes on multiple occasions.

The list of allegations includes noise violations, having people
under 21 on the premises when alcohol is being served and a band is
playing, and charging a cover fee.

Hall and Mouradian have denied some of the allegations and say
others have been exaggerated. The two have accused city officials
of harassing the business and of unfairly trying to shut it
down.

Hall and Mouradian appealed the revocation during a day-long
hearing in December, but a hearing officer working for the city
ruled in its favor. Tuesday's hearing is the final step in the
appeals process.

San Marcos' municipal code allows a business to keep its
entertainment permit while the appeals process plays out.

The council's decision on the revocation could end up being a
moot point, though, because the city also suspended The Jumping
Turtle's entertainment permit indefinitely Feb. 9. That action came
just hours after brawls at the business led to two stabbings and a
woman being hit in the face with a bottle.

Hall and Mouradian have filed two lawsuits against the city and
one against the San Diego County Sheriff's Department since the
beginning of the year, in connection with the ongoing dispute.